there and start putting money in our pocket. >> the bay area's love a -- leaving a sour taste in fishermen's mouths. the impact on how restaurants will get around it. >> an emotional day for america's team with one teammate dead and another in jail accused of killing him. the dallas cowboys showed their resillience on and off the field. erica ferrari with more on the team's tragedy. dallas cowboy walked off the court sunday. >> jerry brown, i'm trying to deal with the stuff. >> police say the defensive lineman was driving drunk and lost control of his 2007 mercedes killing brown who was a passenger in the car. brent is charged with intoxication manslaughter. hours before his release, an emotional dallas cowboys team took the field in cincinnati.

>> something that's difficult to deal with. people will deal with it in different ways. you just have to stay together as football team, as a family and as friends and teammates. >> shannon sharpe, brent's actions changed the lives of two people forever. >> jerry brown, his family will never be able to talk to him and see the young man again. he's probably cost himself an nfl career and some time in the penitentiary. >> in 2009, he pleaded guilty to dui. one former coach says the nfl needs stronger punishments to deter drunk driving. >> only hammer you have is playing time. there should ab automatic two game suspension in the first dui. >> if convicted, he faces a minimum of two years behind bars. >> brent's attorney claims the client's bond is excessively high and is working to get it

reduced. sad news as the entertainment world, janet riviera is believed dead after a learjet carrying her and seven other guests crashed in new mexico. she was born and raised in long beach. she recently divorced from major league pitcher. a murder in broad daylight has some oakland businesses concerned. a man was killed just before saturday afternoon near jackland and square. favorite spot for tourists. witnesses claimed, he fired a federal shot and flet the area of the 400 block of third street. last july, injured five people. police say crime in the area filled with cafes and condominiums is unusual. police are looking for the people who stabbed a 14-year- old boy near san jose's christmas in the park.

officers got a call at the carnival adjacent to plaza cesar chavez just before 9:00 last night. the team was taken to the hospital, with nonlife- threatening injuries. witnesses say the three suspects are in their teens and early 20s. >> this is for the kids and people who want to have a good christmas. not here for people to want to start fights. you guys are going to start fights, don't come down here. >> and police believe the attack was gang-related. reverend jesse jackson was in san francisco, to celebrate peace sunday. jackson joined other religious leaders and mayor, to highlight the city's violence prevention initiative. to keep them from the cycle of crime and violence. >> and the best -- fight, jobs, job training, hope and the future. >> we're grateful. >> and jackson also expressed

his support for revival on the ban of assault weapon. >> former south african president, nelson mandela is hospitalized. statement revealed that the apartheid hero was admitted to the opt for tests and his condition was comfortable. delegations visited the hospital. he spent 27 years had prison fighting racist white rule. he became south africa's south president in 1994. hugo chavez is back in cuba for more cancer treatment. chafes, reelected in october, refacing a "new battle with the disease." doctors say he will undergo surgery after previous operations, chemo therapy and radiation treatment. fresh crowd in san

francisco, synonymous for years. not so much this past week. cbs 5 reports, why there's a shortage of the crust asian at local restaurants. this weekend, an annual crab festival is sold out at fisherman's wharf. >> a fresh supply the fresh dunkenness. before that, they were slowed by the storm. >> you have any fresh crab? >> no, they are all out. >> only have about 10 left right now. >> wherever we got, whatever you could get. >> the strike is about price. wholesalers and fishermen agreed ton $3 a pound. demands went down after thanksgiving. wholesalers want to pay a quarter or 75 crepts less. -- cents less. >> should be worth as much as we got paid before. >> to be honest, those prices will be fine for me.

>> crabber took his boat to set traps this morning. he won't harvest them until the strike is over. >> we're getting some trouble if we started to deliver to some of the companies here. >> he's hoping he could do so soon. >> would be great to be out there and put money in our pockets. >> some markets are resorting to frozen crab. meantime, fans say they will take what they can get. >> people love crab. so they are going to have crab any way they can get it. >> crab fishermen are meeting tomorrow morning, to discuss their next step. in san francisco, anne makovoc cbs 5. one last effort to end the labor dispute. the dockworkers voted to ratify a four year contract. last month, the workers went on a 24 hour strike disrupted port operations. tentative agreement includes a 2.5% cost of living raise. the contract goes to the board

of port commissioners for approval. they lined up to say i do. the crowd said today, taking advantage of legalized same-sex marriage. >> and don't fret the holiday shopping. how one retail giant is taking the stress out of the christmas countdown. what an amazing day today? from the cbs 5 weather center, the temperatures topping out in the 70s. the day this week that will come out to be the warmest and the one that will be the wettest. as "eyewitness news" continues right here on cbs 5. ,, for over 60,000 california foster children, the holidays can be an especially difficult time. everything's different now. sometimes i feel all alone. christmas used to be my favorite. i just don't expect anything.

what if santa can't find me? to help, sleep train is holding a secret santa toy drive. bring your gift to any sleep train, and help keep the spirit of the holidays alive. not everyone can be a foster parent, but anyone can help a foster child. share the harmony... she'll be here soon ! she'll love this ! share a sweeter welcome... hey, hola, cómo estás ? hello, hey everyone. es un pla-cer co-no-cer-te. encantada.

share everything. this holiday get verizon's share everything plan. unlimited talk, text and shareable data... ... across your family's devices, all in one plan. get a droid razr m by motorola for $49.99. . president obama and house speaker met at the white house to discuss the pending fiscal cliff. spokesperson says the to agreed to not release details of the conversation. they say the lines of communication remain open. they are trying to find a deficit cutting deal to stop the creation of automatic tax increases and scheduled cuts scheduled to begin at the beginning of the year. same-sex couples tied the knot in washington state today. . [ applause ] voters legalized it last month. today, it was the first day marriage ceremonies could be

performed. about 140 couples registered to get married this morning. courthouses in some cities began performing ceremonies at midnight. washington, maine and maryland are the first states to approve same-sex marriage by popular vote. they joined six other states where it is already legal. washington state man is taking advantage of a newly legitimate practice much he's opening the first marijuana smoke shop. the owner says the opportunity couldn't have come at a better time. >> the way the economy is right now, i could lose it at any moment. i have no customers. to bring in another type of person to come dm my establish -- to come in my establishment. >> and frankie calls this place a private club and charges the $10 fee to smoke to get around the state ban on smoking in

public places. more money for holiday prices. the lundberg survey says gallon of gas is ten cents cheaper. the cheapest in california is $3.42 in stockton. the most expensive is in bakersfield at 3.73. the statewide average is 3.52. you'll have more time to spend the extra savings. macy's says it will stay open for 65 hours straight, the weekend before christmas. good news for shopping but not for store employees. macy's will open at 7:00 a.m. friday, december 31st. will open nonstop until 9:00 p.m. it will start in a small scale. company says all 800 stores will take part. consumers are expected to spend $600 billion this holiday season. it's a brisk holiday

shopping season. now it's time to ship. fedex is gearing for the biggest day of the year, a record 19 million packages are expected to be shipped tomorrow. that's more than double handled in a typical day. fedex says most of the increase is because of the big jump in on-line holiday orders. 49ers, one dollar donation, toys for tots this year. >> and san francisco police and the 49ers teamed with a non- profit operation dream to collect toys and cash donations before the game. last week, the group collected more than 20,000 toys. they distributed is -- it in housing. how a washington farmer convinced the girlfriend to tie the knot. from the cbs "eyewitness

news" center, taking a look at the rain. pinpoint the day you will need the umbrella and how much to expect as "eyewitness news" continues right here on cbs 5. ,,,,,,,,,,

secondhand smoke affects everyone's health. it's not just irritating. it can cause heart disease and even death. speak up about secondhand smoke. your health and the health of your family depend on it. train. [train whistle blows] wishing you happy holidays. nothing says i love you like a 200-acre marriage proposal. >> want to do something big? >> washington farmer decided to take a cropful of weeds.

he convinced his girlfriend to help him look for his allegedly stolen truck from an airplane. >> i kept looking down, trying to look down. i couldn't tell the difference between a truck or car or anything else. i started taking aerial photos of everything. >> that's when i put up the lens and through the eyelet i could see lauren in dirt. >> the girlfriend's name is jody and the boyfriend did mess up by carving the j backwards in the field. >> it was just about picture perfect. >> i have brides calling me, do you know what the weather is from a year from now? i have the quick out. if it rains, it's the angels crying tears of happiness. it works. i don't think it will work anymore. hi, everybody. take a look at the above average numbers. in and around the micro

climate. in and around. and oakland, through alameda reporting 70 degrees. 67 degrees in san jose. 62, typically 58 in san francisco. 66. it's the scene looking out in san jose. the current temperatures dropped to 61 degrees. livermore at 58 degrees. this is the tri valley clear skies. 60, winter out of the east 8 miles an hour. what we need to know about tonight, starry skies. tomorrow, a carbon copy from today. albeit a couple of days earlier. and seven day outlook coming up. tonight, overnight, 30s, 40s across the north bay. mid-40s across the central bay. low 40s and mountain view, through palo al to. san jose and alvisto. we have the pressure trucking to the east in the pacific northwest. we're under the influence, huge

dome of high pressure, really a peak today. we will see another day from sunshine from the coast to the inland areas. and it transports the dry northeast winds from the inland areas all the way to the beaches. in fact, you want to see what an offshore flow looks like? check this out. this is the future cast. watch the clock click on by? what do you think is going on. that's an offshore flow. you could count on a day similar today. again, just a couple of degrees cooler. 63 degrees, foggy start in fresno. upper 50s in eureka. otherwise, your number, beaches, peninsula and the santa clara valley with the offshore. and above average. 67 degrees in brentwood. black hawk and pleasantton. north of the golden gate bridge, everybody is in the 60s. bring down the temperatures 3 degrees in san france.

little stagnation in the air quality. otherwise, talking about rain returning on wednesday, showers are likely and in and out of the unsettled weather pattern through sunday. that's the pinpoint forecast. we have still sports coming up. we'll be right back. we couldn't record four shows at the same time. in my day, you were lucky if you could record two shows. and if mom was recording her dumb show and dad was recording his dumb show then, by george, that's all we watched. and we liked it! today's kids got it so good. [ male announcer ] get u-verse tv with a total home dvr included free for life. only $29 a month for six months. when i take a picture of this check, it goes straight to the bank.

oh. oh look the lion is out! no mommy no! don't worry honey, it only works on checks. deposit checks from your smartphone with chase quickdeposit. just snap a picture, hit send and done. take a step forward and chase what matters.

away... . with road games in new england and the next four weeks, 49ers couldn't let the

last game get away. in the nfc west. marcus can't come up with it. 49 ball at the 9-yard game. they give it to frank gore. he pounds it from two yards out. 50th career touchdown. roger greg and joe perry for the franchise record. 4th quarter after another gore run, anthony dixon from the yard out. 49ers go out 40-6. miami in desperation. to anthony possano. the dolphins cut the 49er lead to 20-15. little over 4 minutes to go. dolphins driving to 49er territory. tanhill. san francisco will take over on down. they still have to kill the

clock. 2:20 left. the option for capernick. 50-yard touchdown. 49ers win, 20-17. they improve to 9-1. >> frankel and another 9,000. six out of the 7,000 7 -- 7 years. >> since i've been here, bottom line, did a great job. >> he's a football player. let me reiterate this. frank is a football player. >> compared to last year, i think i'm a lot more comfortable. more so with the offense than what defense is doing. offense has a lot of volume. there's some that takes a little time. >> overall impressions, new england patriots. >> name is tom brady. you have to bring your a game. we're looking forward to it.

we're playing great football on the defensive side. we're up for the challenge. >> 49ers and seahawks both winning on sunday. we'll take a look at seattle trying to keep pace, hosting arizona in the first quarter. there goes to the former -- marshall lynch, 20 yards in the shore. seahawks defense, forced eight turnovers. richard sherman picked out josh kelman. and 58-0. 58-0. and in fact, the seahawks may be playing the best football in this division. san francisco lead in the nfc west remains, 1 1/2 games. the 49ers visit seattle where they have not lost. seattle hasn't in two weeks. an emotional day for the cowboys, playing a day after teammates jerry brown was killed in a car accident with the driver josh brent. 4th quarter, cowboys trailing. tony romo to dez bryant.

dallas down 19-17. four seconds left. dan brady. it's up, it's good. cowboys win 20-19. honor their fallen teammate with a win. >> spoke to his mom after the ball game. told her we gave her son the game ball. we will share that with her. we will have a memorial service on tuesday. we will continue to honor, honor jerry brown, the kind of young man he's been. >> and college basketball, seen the bears hosting number 21, unlv. less than 20 seconds left. rebels anthony bennett nails the jump shot. justin cobb, draws the foul and going into the line. made both. and 11 seconds left in the game. last chance for the rebels. anthony morris. and thomas grabs the ball and lays it in. that's the game winner.

2nd left, cavs loses a heartbreaker, 76-75. you think shaq, howard can't shoot free throws? washington state, doesn't even get it to the hoop. that's the least of his success. that may be the worst free throw attempt ever. you can't call this an air ball because it makes it sound better than it really was. >> i hate to brag, but i think i could have done that. >> yeah, i'm much better than that guy. >> and the 49ers win a great game. jerry newbury will break it down. >> thank you so much, appreciate it. bay area radio station knocked off the air again. the latest attack on vandals and what they suspect? that's it for cbs 5 news at

5:30. until then updates at cbsfs.com. good night. ,,,, ,, ,,,,,,,,

>> glor: tonight the battle for syria, as rebel forces continue their advance on damascus high wvel diplomats say the conflict is getting worse amid claims al qaeda fighters in the country are getting stronger. david martin at the pentagon with the latest. with the fiscal cliff looming the future of many small businesses is up in the air. randall pinkston heads up the cost of uncertainty for one owner. a therapy already used with adults shows promise in treating children with advanced leukemia. this young girl shares her